10 Amendments of Ondřej KOVAŘÍK related to 2022/0341(COD)
Amendment 15 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EU) No 260/2012 and (EU) 2021/1230 and Directive 98/26/EC as regards instant credit transfers in euro (Text with EEA relevance)
Amendment 31 #
Proposal for a regulation
Recital 9
Recital 9
(9) It would not be proportionate to impose on payment institutions and electronic money institutions an obligation to offer the service of sending and receiving instant credit transfers in euro, because those institutions cannot be admitted as participants in a payment system designated in accordance with Directive 98/26/EC of the European Parliament and of the Council36 . Those institutions may therefore experience difficulties in accessing the infrastructure necessary to execute instant credit transfers. It is therefore appropriate to excludeallow payment institutions and electronic money institutions from the obligationto act as participants in a payment system designated in accordance with Directive 98/26/EC of the European Parliament and of the Council. A targeted amendment to Directive 98/26/EC would allow those institutions to access settlement systems and therefore be able to offer the services of sending and receiving instant credit transfers in euro. Those institutions, once in scope, would then be subject to the requirements of this Regulation. __________________ 36 Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45).
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 1 – subparagraph 1
Article 5a – paragraph 1 – subparagraph 1
PSPs that offer to their PSUs a payment service of sending and receiving credit transfers to and from accounts denominated in euro shall offer to all their PSUs a payment service of sending and receiving instant credit transfers to and from accounts denominated in euro.
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 1 – subparagraph 1
Article 5a – paragraph 1 – subparagraph 1
PSPs in Member State whose currency is the euro that offer to their PSUs a payment service of sending and receiving credit transfers shall offer to all their PSUs a payment service of sending and receiving instant credit transfers.
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 1 – subparagraph 2
Article 5a – paragraph 1 – subparagraph 2
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 1a (new)
Article 5a – paragraph 1a (new)
(1a) PSPs shall be permitted to extend the execution time of instant credit transfers by the time necessary for currency-conversion with regards to instant credit transfers to and from payment accounts denominated in a currency other than euro.
Amendment 242 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 6 – subparagraph 2
Article 5c – paragraph 6 – subparagraph 2
Amendment 281 #
Proposal for a regulation
Article 2a (new)
Article 2a (new)
Directive 98/26/EC
Article 2 – point b
Article 2 – point b
Article 2a Amendment to Directive 98/26/EC In Article 2 of Directive 98/26/EC, point (b) is amended as follows: “(b) ‘institution' shall mean: i. a credit institution as defined in the first indent of Article 1 of Directive 77/780/EEC (1) including the institutions set out in the list in Article 2(2) thereof, or ii. a payment institution as defined in Article 4, point (4), of Directive (EU) 2015/2366, or iii. a e-money institutions as defined in Article 2, point (1), of Directive 2009/110/EC or iv. an investment firm as defined in point 2 of Article 1 of Directive 93/22/EEC (2 ) excluding the institutions set out in the list in Article 2(2)(a) to (k) thereof, or v. public authorities and publicly guaranteed undertakings, or vi. any undertaking whose head office is outside the Community and whose functions correspond to those of the Community credit institutions, payment institutions, e-money institutions and investment firms as defined in the first, second, third and fourth indent, which participates in a system and which is responsible for discharging the financial obligations arising from transfer orders within that system. If a system is supervised in accordance with national legislation and only executes transfer orders as defined in the second indent of (i), as well as payments resulting from such orders, a Member State may decide that undertakings which participate in such a system and which have responsibility for discharging the financial obligations arising from transfer orders within this system, can be considered institutions, provided that at least three participants of this system are covered by the categories referred to in the first subparagraph and that such a decision is warranted on grounds of systemic risk;”
Amendment 284 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Directive 98/26/EC
Article 2 – point b
Article 2 – point b
Article 2a Amendment of Directive 98/26/EC In Article 2, point (b) of the Directive 98/26/EC, the following points are added: - a payment institution as defined in Article 4 (4) of Directive (EU) 2015/2366, or - an electronic money institution as defined in Article 2 (2) of Directive 2009/110/EC."
Amendment 286 #
Proposal for a regulation
Article 2 b (new)
Article 2 b (new)
Article 2b Transposition of amendments of Directive 98/26/EC Member States shall adopt, publish and apply, by 18 months after the date of entry into force of this Regulation, the laws, regulations and administrative provisions necessary to comply with Article 2a.